In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1) Transparency and Open Justice, (2) Expert Fees, (3) Expert Regulation, (4) Artificial Intelligence, and (5) Fixed Recoverable Costs. We discuss the issues, what's been happening and where developments might lead. We also say a sad farewell to our wonderful Membership Manager, Wiebke Morgan, who is retiring this month. We catch up with Wiebke to talk about her time at EWI and the most frequent errors by experts that she’s seen over her time here. And as always check out the latest news in our 'What's going on at EWI?' and 'Newsreel' segments.

We are re-publishing our article on the paper on 'How to reduce the risk of re-traumatising claimants in medico-legal litigation claims' ahead of the closing date for responses to the survey on 30 June. Don't miss out on ensuring your voice is heard!

Within this update we feature the well-publicised case of WH Holding Limited and E20 Stadium LLP [2025] EWHC 140 (Comm).  The case concerns a successful challenge of an expert’s decision in the context of a concession agreement for sporting events. 

The claim was initiated as a High Court claim for declaratory relief under Part 8 of the Civil Procedure Rules.  The judgment was released in January of this year having been heard by Paul Mitchell KC last December. 

We have published extensive new resources on Alternative Dispute Resolution in the EWI Knowledge Hub. 

The claimant alleged both negligence and breach of contract by the defendant designer of a container park near Felixstowe Port. The judge set out the reasons why she was not impressed by the claimant’s expert and treated his evidence with significant caution.

MJS Projects (March) Limited v RPS Consulting Services Limited [2025] EWHC 831 (TCC)

Dr. Rohit Seth is trained in Plastic, Reconstructive, Aesthetic and Hair Transplant Surgery with over 20 years of surgical experience. A practicing clinician and Expert Witness, he shares how he balances a busy private surgical career with expert reporting and what makes this work both intellectually rigorous and professionally rewarding.

Version 2 of the Forensic Science Regulator ('FSR') Code of Practice has completed its passage through both Houses of Parliament and will come into force on 2 October 2025.

There was no dispute about the expert evidence in this case but it is of interest for several reasons. First, it sets out in some detail the evidence of experts in educational psychology and occupational therapy and it therefore provides examples for those healthcare specialties of how to make their bodies of knowledge understandable to a tribunal. Second, it illustrates the role of experts when their evidence is admitted by a specialist tribunal. Third, it sets out the test of which experts need to be aware in cases of alleged disability discrimination arising from a school’s treatment of a pupil with behavioural difficulties. Fourth, although psychiatrists and psychologists are often advised to keep the unconscious out of the witness box, for reasons to do with proof, it is encouraging to find a tribunal accepting such evidence.

B v The Proprietor of St Dominic's Grammar School [2025] UKUT 48 (AAC) 

The claimant brought a clinical negligence claim against two general practitioners alleging that they failed to act on a potential diagnosis of pelvic inflammatory disease. The judge found that one of the GP experts had trespassed on the judicial function to determine the facts and had sought to advocate on behalf of the second defendant.

As in many family cases, the issue here was the cause of the child’s injuries. It includes a distinction to be made between handling in hospital, such as holding of wrists for blood to be drawn, application of masks to assist breathing and holding of head still, to what would be expected in a normal domestic setting. It illustrates how a CMV infection complicated the court’s analysis of the evidence.

N, In the Matter Of [2024] EWFC 378